By way of derogation from the provisions of article R. 5121-99, the registration lapses if it appears that it is not followed by the marketing of the medicinal product on the national territory within three years of registration or that the medicinal product, previously marketed on the national territory, is no longer marketed for three consecutive years. The three-year period is counted from the date of issue of the registration. For registrations issued up to the date of publication of decree no. 2008-436 of 6 May 2008 relating to the registration of homeopathic medicinal products and traditional herbal medicinal products, the period is counted from this date.
However, the Director General of the Agency may exceptionally maintain the registration in force either for public health reasons, or when the medicinal product cannot be legally marketed during the period in question, or when the medicinal product is intended exclusively for export to a State which is not a party to the Agreement on the European Economic Area, or when the medicinal product is marketed in at least one Member State of the European Community or State party to the Agreement on the European Economic Area in which it has obtained registration in application of a mutual recognition procedure or a decentralised procedure for which France is designated as the reference Member State and at least one different strength or pharmaceutical form of this medicinal product is marketed in France.